Allahabad High Court
Santosh Kumar vs State Of U.P. Thru. Secy. Deptt. Food And … on 21 July, 2025
Bench: Rajan Roy, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:41601-DB Court No. - 2 Case :- WRIT - C No. - 7320 of 2024 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Thru. Secy. Deptt. Food And Civil Supply Lko. And Another Counsel for Petitioner :- Kushilekha Bajpai Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J.
Hon’ble Manish Kumar,J.
1. Sri Aviral Pandey, learned counsel for the petitioner, says that character certificate has not been issued to the petitioner in spite of an application, nor any rejection order has been communicated.
2. On being confronted, learned Standing Counsel says that though counter affidavit has not been filed but he has instructions to inform the Court that the certificate has not been granted on account of pendency of one criminal case bearing Case Crime No. 25 of 2016 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Ambedkar Nagar, in which charge sheet has been filed in the Court on 13.03.2019. However, he is not in possession of any rejection order.
3. All these issues have already been considered by us in a detailed judgment dated 28.05.2025 passed in a bunch of writ petitions, leading writ petition being Writ C No. 718 of 2025, which reads as under:-
“1. Heard learned counsel for the petitioners and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.
2. On 26.05.2025 we had passed the following order in this bunch of writ petitions:-
“Heard Shri Lalit Kishore Tiwari, learned Counsel for the petitioner and Shri Manish Mishra, learned Standing Counsel for the State.
In response to our order dated 06.05.2025, Shri Manish Mishra, learned Standing Counsel says that a meeting was convened in the Home Department of Government of U.P. for considering the matter and in that process it was found that several other departments such as Revenue Department, Public Works Department, Excise Department etc., their opinion may be required, as such, a final decision could not be taken and some reasonable time has been sought.
The time prayed for is granted. We, however, find that such character certificates are required for various purposes such as business activity, obtaining license, employment etc.. On account of pendency of criminal cases, sometimes involving petty offences, the applications are rejected. The appropriate course in our opinion is to communicate the decision on a prescribed format mentioning the pendency of the criminal case, the offences alleged and the stage of proceedings, instead of expressing any opinion or saying, as is ordinarily done that “Character cannot be certified.” and that certificate in the aforesaid format can be presented to the concerned department which can form its own opinion in the matter.
In some certificates, we have found that after mentioning pendency of criminal case or trial, even involving petty offences, a recital is added that for the said reason, the character of the person cannot be certified. Now, this is an omnibus recital, which is not correct. In other cases we have found that where application for issuance of character certificate is filed, say before the District Magistrate, that is in cases where licenses have been applied or some business activity such as contract etc. is to be entered into or carried on, at times, the application is rejected by the District Magistrate with reference to the pendency of criminal cases. Now, this in our view is again not correct. What should be done is to mention the material which is available against the petitioner i.e. the details of the criminal cases, stage of the proceedings etc., and provide it to the concerned department or the applicant. It will be for the concerned Department which is to provide employment or to grant license etc. to form an opinion on the basis of the recitals in the character certificate whether it should engage with the applicant or not. Say for example, a case against the petitioner under Section 323, 324 I.P.C. [under corresponding Section 115 & 118(1) of Bhartiya Nyaya Samhita, 2023] is pending investigation, it is a petty offence and merely on a one off incident, should the application be rejected or can it be said that the character of the person cannot be certified, specially where the case is only at the investigation stage. Of course, this will depend upon the requirement of the department which needs the N.O.C. from the applicant. Sometimes, offences carrying less sentence may have a serious impact on society or for the purposes of the activity or employment in the context of which character certificate is sought, but all this is for the concerned department to form an opinion based on the material mentioned in the character certificate, and not for the issuing authority to express any opinion as to how far the character is certifiable or not, except in exceptional cases where supposing a person is involved in cases under the N.D.P.S. Act or has been convicted therein or he may have a long criminal history or proceedings under the Gangsters Act has been filed or trial is proceeding etc..
We may in this context quote a character certificate given by the Senior Superintendent of Police, Ambedkar Nagar on 11.12.2024 which was filed in Writ C No. 4798 of 2025. In our opinion, the format on which the certificate was given is quite appropriate. It is as under:-
The Home Department may take it as a sample for its consideration in the next meeting. This certificate leaves it to the opinion of the employer or the Department concerned to take a decision as to whether in the facts and circumstances mentioned therein, the license or the business activity or the employment is to be given or not without expressing any opinion, as, mere pendency of a criminal case, specially involving a petty offence, may not necessarily reflect the entire character of the person in a given case. It is a subjective opinion which can be forward by the concerned department where license has been applied or appointment has been sought.
Till a decision is taken by the Government of U.P. as referred earlier, we are of the opinion that the Police Officials / District Magistrate should issue the certificates on the aforesaid format, subject however to the decision whatever may be taken by the State Government, unless there is some statutorily prescribed proforma in any statute for issuance of such character certificate. Whatever are the criminal cases pending against the applicant, they will be mentioned in character certificate and the stage of such proceedings, nothing more, unless there is any other material which may justify an opinion of the officer concerned, in that case, opinion can also be expressed.
It is Ordered accordingly.
At this stage, we are informed that in several cases the application for issuance of character certificate has been declined by cryptic order, while in other cases, it has been rejected on account of pendency of criminal cases, therefore, some relief be granted to them, as otherwise, their employment or business activity would be prejudiced. For consideration of this aspect, list/put up this case day after tomorrow i.e. 28.05.2025 as fresh. ”
3. Shri Sharad Pathak, learned counsel appearing for the petitioner has relied upon certain judgments, wherein, the meaning of the term ‘Character’ has been considered. He says that instead of terming it as a ‘Character Certificate’ it should be referred as ‘Antecedent Certificate’. This aspect can also be seen by the State Government in terms of our earlier order.
4. It is open for Shri Pathak to inform the concerned State Government about the said decisions or provide a copy of these judgments to Shri Manish Mishra, learned Additional Chief Standing Counsel for the State who shall forward it to the competent level of the Government for taking the same into consideration.
5. We have been informed that character certificate has already been issued to the petitioner of this writ petition i.e. Writ – C No. 718 of 2025, therefore, we dispose of this writ petition in the aforesaid terms.
6. Now, we proceed to consider the other writ petitions in the light of our observations made in the above quoted order dated 26.05.2025 and we find as under:-
Writ – C No. 1308 of 2025
7. In Writ – C No. 1308 of 2025 the application for issuance of Character Certificate vide Annexure No. 1 which is as under:-
“????????, ????? ??? ???? ????? ??? ???? ?????? ??????? ???? ?????? ???? ??????????? ?? ???? ?? ??? ?? ????? ??? ?? ????? ???? ??? ??? ?? ??? ?????? ??? ????? ?????? ??? ???? ??????? ?? ??????? ??08, ?????? ?????????? ? ???? ???????? ?? ?????? ?? ????? ?? ??????? ???? ??????? ?? ??0?0??0 212/22 ???? 13 ??? ???? ???? ?????? ???? ??????????? ??? ??????? ?? ?????? ???? ???? ??0 A-172/21.11.22 ?? ?????? ??????”
8. First and foremost as already observed on 26.05.2025, instead of rejecting the application as stated in the impugned order Annexure No. 1 the appropriate course was to simply mention the existence of the facts pertaining to a criminal case against the petitioner leaving it for the employer or the concerned Corporation or department to form its opinion as to the antecedents and the character of the petitioner.
9. It would be better if another certificate is issued in the format which has been referred in the above quoted order, especially as, the said certificate was issued by the Superintendent of Police of the same district i.e. Ambedkar Nagar. We, accordingly, quash the impugned certificate contained in Annexure No. 1 with a direction to the Superintendent of Police, Ambedkar Nagar to ensure issuance of a fresh Certificate in the light of what has been stated hereinabove and in our order dated 26.05.2025, within a period of three weeks from the date a certified copy of this order is submitted.
10. The writ petition is disposed of.
Writ – C No. 1752 of 2025
11. In Writ – C No. 1752 of 2025 let Shri Manish Mishra, learned Additional Chief Standing Counsel for the State file an affidavit bringing on record the order by which the application of the petitioner for issuance of character certificate has been rejected on the ground of pendency of criminal case.
12. List this case separately in the month of July, 2025.
Writ – C No. 2590 of 2025
13. In this writ petition it is submitted that the report pertaining to character verification does not contain a recommendation for issuance of a character certificate.
14. We are of the opinion that whatever the factual situation the certificate should be issued to the petitioner in the format quoted in our order dated 26.05.2025 as referred hereinabove, within a period of three weeks from the date a certified copy of this order is submitted.
15. This writ petition is disposed of in the aforesaid terms.
Writ – C No. 3309 of 2025
16. In this case the application of the petitioner for issuance of character certificate has been rejected on the ground that the police authorities have not recommended for issuance of such certificate.
17. Now, this again is highly unjustified in view of what has been stated by us in our order dated 26.05.2025. Whatever be the status as to the pendency of criminal cases against the petitioner/applicant or the trial, the same should be mentioned and provided to the concerned on the format already mentioned hereinabove, therefore, we quash the impugned order and direct the District Magistrate concerned to issue a certificate to the petitioner in the aforesaid format within a period of three weeks without expressing any opinion as already observed hereinabove unless there are exceptional reasons as observed in our order dated 25.05.2025.
18. The writ petition is disposed of.
Writ – C No. 3482 of 2025
19. In this case also on account of pendency of a criminal case bearing Case Crime No. 138 of 2018 under Section 323, 504 and 506 IPC issuance of character certificate to the petitioner has been declined.
20. In view of the reasons already given by us in our order dated 26.05.2025, the impugned order is quashed. The concerned authority whether it is Superintendent of Police or the District Magistrate should issue a certificate on the format mentioned in the above quoted order and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
21. The writ petition is disposed of.
Writ – C No. 3503 of 2025
22. Shri Manish Mishra, learned Additional Chief Standing Counsel for the State has instruction that the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal case bearing Case Crime No. 505 of 2012, under Section 323, 504, 506 IPC and 3(1)(s) of SC/ST Act.
23. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
24. The writ petition is disposed of.
Writ – C No. 3535 of 2025
25. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal case bearing Case Crime No. 629 of 2017, under Section 3 of Prevention of Damage to Public Property Act.
26. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
27. The writ petition is disposed of.
Writ – C No. 3632 of 2025
28. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal case bearing Case Crime No. 288 of 2019, under Sections 147, 148, 323, 324 and 504 IPC.
29. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
30. The writ petition is disposed of.
Writ – C No. 3647 of 2025
31. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of three criminal cases bearing Case Crime No. 166 of 2023, under Sections 420, 467, 468 and 471 IPC, Case Crime No. 372 of 2017, under Section 147, 323, 504, 506 IPC and Section 3(1) SC/ST Act and Case Crime No. 455 of 2024 under Sections 115(2), 125, 191(2), 351(2), 352 BNS and under Section 7 of CLA Act, 2013.
32. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should consider the issuance of a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
33. The writ petition is disposed of.
Writ – C No. 3735 of 2025
34. In this case also the application of the petitioner for issuance of character certificate has been rejected on 21.10.2023 on account of pendency of a criminal case bearing Case Crime No. 31 of 2022, under Section 13 of Public Gambling Act.
35. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
36. The writ petition is disposed of.
Writ – C No. 3738 of 2025
37. Shri Manish Mishra, learned Additional Chief Standing Counsel for the State has instruction that the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal case bearing Case Crime No. 188 of 2014, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act and charge sheet has also been submitted on 14.07.2023.
38. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
39. The writ petition is disposed of.
Writ – C No. 3888 of 2025
40. In this case also the application of the petitioner for issuance of character certificate has been rejected on 27.11.2024 on account of pendency of a criminal case bearing Case Crime No. 185 of 2021, under Sections 323, 325 IPC.
41. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
42. The writ petition is disposed of.
Writ – C No. 4045 of 2025
43. In this case also the application of the petitioner for issuance of character certificate has been rejected on 08.12.2024 merely on account of pendency of a criminal case bearing Case Crime No. 103 of 2021, under Sections 147, 148, 323, 504, 506 IPC and charge sheet has been submitted on 05.06.2021.
44. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
45. The writ petition is disposed of.
Writ – C No. 4048 of 2025
46. In this case also the application of the petitioner for issuance of character certificate has been rejected on 18.04.2025 on account of pendency of two criminal cases bearing Case Crime No. 112 of 2022, under Sections 323, 504, 325 IPC and Case Crime No. 319 of 2023 under Section 504, 506, 323 IPC.
47. In respect of Case Crime No. 319 of 2023 as infromed by Shri Manish Mishra, learned Additional Chief Standing Counsel for the State the name of the petitioner has not been included in the charge sheet and has been dropped during investigation.
48. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
49. The writ petition is disposed of.
Writ – C No. 4073 of 2025
50. In this case also the application of the petitioner for issuance of character certificate has been rejected merely on account of pendency of a criminal case bearing Case Crime No. 159 of 2021, under Sections 147, 323, 504, 506, 452, 336 IPC and charge sheet has been submitted on 09.06.2021.
51. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
52. The writ petition is disposed of.
Writ – C No. 4132 of 2025
53. In this case police character verification report dated 18.04.2025 submitted by the Superintendent of Police, Amedkar Nagar is not favourable only on account of the pendency of a criminal case bearing Case Crime No. 137 of 2023 under Sections 504, 506, 323 IPC and charge has submitted on 22.08.2023, on account of which, character certificate has not been issued as the same has not been recommended.
54. Let a certificate be issued on the format referred hereinabove in the order dated 26.05.2025 and in terms thereof within a period of three weeks from the date a certified copy of this order is submitted.
55. The writ petition is disposed of.
Writ – C No. 4250 of 2025
56. In this case also the application of the petitioner for issuance of character certificate has been rejected on 26.04.2025 on account of pendency of a criminal case bearing Case Crime No. 55 of 2025, under Sections 318(4), 336(2), 61(2) BNS.
57. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
58. The writ petition is disposed of.
Writ – C No. 4288 of 2025
59. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of two criminal cases bearing Case Crime No. 25 of 2000, under Sections 353, 506, 507 IPC and Case Crime No. 506 of 2016 under Section 419, 420, 467, 468, 506 IPC, however, in respect of one criminal case bearing Case Crime No. 506 of 2016, as informed by learned Additional Chief Standing Counsel for the State, final report has been submitted on 25.08.2016.
60. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
61. The writ petition is disposed of.
Writ – C No. 4609 of 2025
62. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal case bearing Case Crime No. 450 of 2011, under Sections 325, 323, 504 IPC.
63. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
64. The writ petition is disposed of.
Writ – C No. 4648 of 2025
65. The Character Certificate is not being issued to the petitioner on account of pendency of single criminal case. After filing of this writ petition it is informed that appliction for issuance of character certificate has been rejected.
66. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
67. The writ petition is disposed of.
Writ – C No. 4935 of 2025
68. In this case also the application of the petitioner for issuance of character certificate has been rejected on 29.03.2025 on account of pendency of a criminal case bearing Case Crime No. 153 of 2013, under Sections 148, 149, 307, 332, 336, 353, 504, 506, 188, 34 IPC and Section 7 of Criminal Law Amendment Act.
69. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Supreintendent of Police should issue a certificate on the format mentioned therein and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
70. The writ petition is disposed of.
Writ – C No. 5226 of 2025
71. In this case application for issuance of character certificate has been rejected on account of a criminal case against the petitioner, although, it is stated by learned counsel for the petitioner that there is another criminal case is also pending against the petitioner, but, looking into our order dated 26.05.2025 and what has been observed hereinabove, let certified be issued to the petitioner on the format mentioned hereinabove and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted.
72. As a Government Order has also been challenged in this writ petition, therefore, let counter affidavit be filed by the opposite parties within a period of four weeks.
73. List this case separately in the 4th week of July, 2025.”
4. This writ petition is also disposed of in terms of the aforesaid judgment, meaning thereby, the petitioner shall be entitled to the benefit of the observations and directions contained therein, with a corresponding obligation upon the official opposite parties herein.
(Manish Kumar, J) (Rajan Roy,J.)
Order Date :- 21.7.2025
A.Dewal